"The current ALP government, Senator [Chris] Evans when he was minister and current [Immigration Minister Chris] Bowen have a practice of giving first-hand warnings, though if there's more than one warning been given in the past, they will cancel the visa," she said.

And Ms Byers doubts the UN decision will change the Government's practice.

"I don't believe so. Unfortunately it will just be treated as a recommendation," she said.

"I don't believe the Government will action it in any way to try and assist Mr Nystrom or anyone else in his position to come back to Australia."

But Mr Walters, who represented Mr Nystrom's family in the committee hearing, says the Federal Government's response will have serious implications.

"Australia, if it is to be an international good citizen, has to give effect to the decision of the UNHRC," he said.

"That means they must consider these human rights implications and not deport people on character grounds in circumstances where to do so would deprive them of any realistic country and also would deprive them of their family and home life.

"And indeed in this case they took away from Stefan Nystrom the only family that he had by sending him away."

Terrible message

Mr Walters says while the Government could ignore the UN decision, to do so would lower Australia's standing in the world.

"It also sends a terrible message to other nations who need to be reminded of the importance of human rights and need to have a good example set by Australia," he said.

He adds that if the Government's response is not satisfactory, Mr Nystrom's case becomes a political issue, not a legal issue.

"There's no other tribunal that we can take the case to - this is the highest in the world," he said.

Ms Nystrom says her son has done more jail time in Sweden but he would be much better off in Australia.

"He wouldn't be any threat to anyone if he came here. He's only doing this drugs and drinking a lot; he's got nothing to do in the first place, but they won't give him a job in Sweden," she said.

Australia is obliged to respond to the decision within six months.

A spokeswoman for Mr Bowen says the Government will not pre-empt its response by making any public comment.